Other federal agency standards

Under 1960.19(a), the host agency's standards adopted under 1960.17 or 1960.18 shall govern when employees of different agencies engage in joint operations or primarily report to work in the same establishment.

• This means the agency that operates the facility (the host) decides which of its adopted standards apply to that shared workplace.
• See 1960.19(a) for the governing text.

Yes. Under 1960.19(b), the head of an agency must comply with occupational safety and health standards issued by other Federal agencies (for example, FAA, DOE, or GSA) when those standards apply to their workplaces.

• Agencies should also follow other federal standards addressing hazardous working conditions for which OSHA has no specific standard.
• See 1960.19(b) for the requirement and examples.

Under 1960.19(c), the agency head must notify the other Federal agency and the Secretary so they can work together to resolve the conflict, and until the conflict is resolved, the agency must follow the more protective of the conflicting standards.

• Action steps: inform the other Federal agency and notify the Secretary, document the conflict, and apply the more protective standard while resolution is pending.
• See 1960.19(c) for the obligations.

Yes. Under 1960.19(a), the "host agency" refers to the agency that has adopted standards under 1960.17 or 1960.18 for that establishment, and those adopted host-agency standards govern joint operations or when employees primarily work at that location.

• If no host-adopted standards exist for a specific hazard, agencies should consult 1960.19(b) and other applicable guidance to determine which standards apply.

Under 1960.19(b), agency heads should comply with safety standards issued by other Federal agencies that address hazardous working conditions for which OSHA has no standard.

• Practical effect: if another federal agency has an applicable standard covering a hazard that OSHA does not regulate, the agency head should follow that other agency's standard.
• See 1960.19(b) for the directive and examples of agencies (FAA, DOE, GSA).

Under 1960.19(c), the agency must comply with the more protective of the conflicting standards until the conflict is resolved.

• More protective means the standard that provides greater worker protection or a stricter safety requirement.
• The agency should notify the other Federal agency and the Secretary to begin joint resolution while applying the more protective standard in the meantime.

Yes, an agency can adopt an alternate standard under 1960.17, but the agency must get prior approval from the Secretary before implementing it, and that process interacts with 1960.19 because other federal standards may also apply.

• The hexavalent chromium letter of interpretation explains that 1960.17 allows alternate standards but requires the agency to request Secretary of Labor approval and include the information listed in 1960.17(b)(1)-(b)(5); see the Hexavalent Chromium LOI at https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.
• Agencies should ensure any alternate standard works with other applicable federal agency standards per 1960.19.

No. 1960.19(b) does not relieve agency heads from complying with applicable standards issued by other federal agencies simply because OSHA has an overlapping standard; agencies must comply with other agencies' standards when those standards are required for their workplaces.

• If both standards apply and differ, follow the conflict-resolution process in 1960.19(c), notifying the other agency and the Secretary and using the more protective requirement until resolved.

An agency should first identify the other agency's applicable standard, evaluate differences from its own adopted standards, and follow 1960.19(b) by complying where required; if there is a conflict, follow 1960.19(c) by notifying the other agency and the Secretary and applying the more protective standard until resolved.

• Document the assessment, inform the other Federal agency and the Secretary if a conflict exists, and implement the more protective control measures immediately.
• See 1960.19(b) and 1960.19(c).

Yes. Civilian employees and contractors performing work on federal contracts at military facilities are covered by OSHA when the work or operations are not uniquely military, as explained in the Oxygen-deficient atmospheres LOI at https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16.

• The Oxygen-deficient LOI clarifies that Executive Order 12196 excludes military personnel and uniquely military equipment and operations, but civilian employees working on comparable, non-unique operations are subject to OSHA standards (see https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16).
• Where civilian employees are covered, OSHA's requirements (for example, respiratory protection for oxygen-deficient atmospheres) apply.

Under 1960.19(c), the head of the agency with the potential conflict must inform the other Federal agency and the Secretary so that joint efforts to resolve the issue may be undertaken.

• This notification should describe the conflicting requirements and request coordination to determine the proper protective approach.
• Meanwhile, apply the more protective standard until resolution, per 1960.19(c).

Yes. 1960.19(b) explicitly lists the Federal Aviation Administration, the Department of Energy, and the General Services Administration as examples of agencies whose standards may apply to certain federal workplaces.

• The paragraph also states that nothing in the subpart affects an agency head's duty to comply with such standards.
• See 1960.19(b) for the examples and guidance.

Yes, but with conditions: under 1960.17 an agency may apply an alternate standard where necessary, but it must request and obtain the Secretary's prior approval for an alternate standard; additionally, 1960.19(b) encourages compliance with other federal agency standards when applicable.

• The Hexavalent Chromium LOI notes that an agency seeking to implement an alternate standard under 1960.17 must submit the information required by 1960.17(b)(1)-(b)(5) to the Secretary; see https://www.osha.gov/laws-regs/standardinterpretations/2019-04-19.
• Agencies should document equivalence and obtain the required approvals before replacing OSHA standards with alternate federal standards.

No. Complying with another Federal agency's standard does not remove the agency's obligation under 1960.8 to furnish employment and a place of employment free from recognized hazards; agencies must still meet their basic program responsibilities while following applicable standards under 1960.19.

• This principle is reinforced in OSHA interpretations (for example, the Lockout/Tagout LOI references 1960.8(a) to remind federal agencies they must minimize or eliminate hazards even when an operation is excepted from a specific OSHA standard). See the Lockout/Tagout LOI at https://www.osha.gov/laws-regs/standardinterpretations/2012-04-03.
• Agencies should ensure compliance with all applicable standards and overall agency responsibilities under Part 1960.

Yes. When another federal agency's standard applies to a workplace, the agency should include those requirements in its OSHA Part 1960 safety program documentation and procedures in order to meet the obligations of 1960 and to ensure employees know which standards govern their worksite.

• Practical steps: incorporate the applicable non-OSHA requirements into written programs, training, and workplace procedures; document why that standard applies and any coordination with the other agency per 1960.19.
• When in doubt about conflicts, follow the process in 1960.19(c).